Ontario Court Leaves in Place Voter ID Requirements that Pose Challenge to Aboriginal People

In this case the Applicants, an alliance of organizations and individuals, asked the court to grant an injunction to suspend the operation of s. 46(3) of the Fair Elections Act which prohibits voters from using their Voter Information Card (a card mailed to voters on the list of electors) as proof of their identity on voting day in the upcoming federal election. The Applicants argued that this section of the Act mostly affects youth, Aboriginal people, elderly electors in care facilities, homeless electors and electors who move during the election period, who may not have the drivers licence or other identification with their current address that the Act requires. The Ontario Superior Court found that, while the Applicants had raised a serious question about the constitutionality of the Act and there is a risk of irreparable harm to those who may be prevented from exercising their right to vote, the third requirement for granting an injunction – that the balance of convenience favour the applicants – had not been met. The court cited previous appeal cases which held that it was inappropriate to grant interlocutory injunctions in elections cases on the grounds of a constitutional challenge. According to Elections Canada, to vote in the upcoming election, you will be required to show:

1. A driver’s licence, provincial or territorial identity card or another government card with photo, name and address (Indian status registration cards do not show addresses); OR

2. Two of the following pieces of ID where at least one has your current address: